REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
APRIL 2, 2013
THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 6:30 p.m.
Pledge of Allegiance
Roll Call: Present: Councilman Bob Ford
Councilman Drew Bastian
Councilman Dennis Kennedy
Vice Mayor Donald Burnette
Mayor Allen Green
Also Present: Greg Kisela, City Manager
Margaret T. Roberts, City Attorney
Robin Fenwick, City Clerk
BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS
4. Environmental Advisory Board Re-Appointments
a. Paul Minshew
b. Suzanne Grubbs
Suzanne Grubbs introduced herself to Council and provided her background for re-appointment to the Environmental Advisory Board.
Vice Mayor Burnette is happy to have Ms. Grubbs and Mr. Minshew on the Environmental Advisory Board.
Councilman Ford looks forward to working with the Board this year.
Motion to re-appoint Suzanne Grubbs to the Environmental Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
Paul Minshew introduced himself to Council and provided his background for re-appointment to the Environmental Advisory Board.
Motion to re-appoint Paul Minshew to the Environmental Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
5. Youth Advisory Board Appointment
a. Scott Kelley
Scott Kelley introduced himself to Council.
Councilman Kennedy asked Mr. Kelley what interested him in this board. Mr. Kelley said a friend invited him to a meeting and to participate.
Mayor Green and Council Members all thanked him for volunteering.
Motion to appoint Scott Kelley to the Youth Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
SPECIAL REPORTS, AWARDS, RECOGNITION, AND PROCLAMATIONS
6. Team Volusia Quarterly Update
Keith Norden provided, through a PowerPoint Presentation, the details of the campaign that Team Volusia has worked on for bringing economic development to Volusia County.
Council Members Kennedy and Bastian thanked Mr. Norden for his report.
Vice Mayor Burnette thanked him and is happy to see the stage 2 and 3 investors on his report.
Councilman Ford asked what makes Team Volusia stand out against all the other similar organizations in other areas. Mr. Norden said the $28,000 that Port Orange contributes each year adds to the one million dollar budget of Team Volusia allowing Port Orange to reap the benefits of a much larger organization pushing for the City. Councilman Ford asked how Port Orange can get an edge. Mr. Norden said it’s about getting more companies looking at Volusia County in general, and that’s what Team Volusia is doing.
Mayor Green thanked him for the report.
Corey Berman asked what is being done to help small businesses in Port Orange. He asked what could be done to attract small businesses to the area. Mr. Norden said there is an office with the County to help existing small businesses. He said there are several companies with 40 or less employees and they have a group targeting those areas with higher costs.
Ted Noftall asked what Port Orange has gotten from Team Volusia. Mayor Green said exposure. Mr. Noftall suggests Council seriously look at the money contributed to Team Volusia, and include in that analysis the Port Orange Staff time put into Team Volusia.
Mayor Green asked the students present to introduce themselves. Several Atlantic High School students introduced themselves. They are all in the Law and Government Academy. Mayor Green thanked the students for coming.
7. Water/Sewer Meter Update
Ken Hooper provided the meter warranty plan. He said the warranty plan is working well. The target date for completion is May 25, 2013. There will probably be more than 6,000 meters replaced by the time it is completed.
Councilman Ford hopes that a routine replacement plan is being implemented. Greg Kisela, City Manager, agrees. As soon as the meters are fully replaced, a plan will be in place.
Vice Mayor Burnette asked what the shelf life is for the meters. Mr. Hooper said the base itself should have a 15 year shelf life or 1.5 million gallons, whichever comes first. The new replacement parts (registers) have a five year warranty. That warranty starts over with these replacements. Vice Mayor Burnette requested to see monthly reports on water loss. Mr. Kisela agreed but cautioned him that there would be more results and treads on a quarterly report.
Councilman Bastian asked if there is a plan for batteries to be replaced. Mr. Hooper said no, the whole transmitter is being replaced. However, if in the future the flex units do not work, there is a plan to replace the batteries.
Councilman Kennedy asked what the life expectancy is for the batteries. Mr. Hooper said 10 years, but the City has not owned one for that long yet.
Mr. Noftall asked if the loss from the defective meters is being tracked. Mr. Kisela said an analysis will be needed after the repairs and replacements have been made. Mr. Kisela said the potential water loss, if any, will be looked at on a holistic view rather than meter by meter. Mr. Hooper said it would be difficult
Shannon Lewis, Assistant City Manager, provided an update on the Spruce Creek Fly-In report based on the written report provided in the agenda packet. There is no final resolution with the County.
Mayor Green asked how old the pipe is in the Fly-In. Ms. Lewis will find out and advise Council.
Councilman Kennedy asked how much it would cost to put in another redundant meter. Ms. Lewis is unsure but will find out. Mr. Kisela reminded Council that these meters are measuring sewage not water. They are meeting with the County next week. Ms. Lewis advised that the cost of another meter would be approximately $30,000.
Councilman Bastian asked if moving the meters closer together is feasible. Ms. Lewis said it is feasible. It won’t help the past but it will help the future. Mr. Kisela said there must be a certain distance for interference.
Vice Mayor Burnette wants to know what the County has done to determine if there is anything wrong with their meter. He asked why the assumption is that the City’s meter is what is not working.
Councilman Ford hopes that the City will bring in competent staff and a more open communication line with the Public Utilities staff and Council.
Mr. Noftall asked how much else is being kept from Council by Staff. He asked what information has been provided by Staff to Council about the payroll issues from Public Utilities. Mayor Green said complete information will be provided but nothing will be provided until it is complete.
Mark Schaffer said there is testing that can be done. Mr. Schaffer suggested the information for tracking the replacement of meters be incorporated into the City’s database rather than just a spreadsheet. Mr. Hooper said it is occurring.
CITIZEN PARTICIPATION (Agenda)
8. Port Orange Camera Club Presentation
Pat Barraco introduced herself and thanked Council and Staff for their support. They donated a picture painted by Artist, George Cataldi.
Mayor Green asked Councilman Ford to ask the golf course club to work with the Camera Club on displays at the golf club. He also asked Vice Mayor Burnette to talk with the Chamber about a display there.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Mike Tullo, President of Water’s Edge HOA, asked Council for their opinion and thoughts on placing a permanent sign inside the entrance of Waters Edge.
Mayor Green said Staff will provide more information so they can make a decision.
Ted Noftall asked Mayor Green to read the Golf Course report to him that Mr. Noftall provided. It is too small to be read. He asked for an explanation regarding the golf club’s cash position which appears to be off. He also stated the net income is off by $40,000 +/- compared to last year.
Corey Berman asked Council if they were aware of the portable meth lab bust today. He believes the Police Department needs more staff. He asked Council to look at the police and fire departments during the budget process.
Newton White addressed Council regarding the rules and policies that need to be more streamlined in his opinion.
9. Approval of Minutes
a. March 26, 2013 – Regular City Council Meeting
10. Construction Activity Report
11. Parks and Recreation Project Updates
12. Start-up Funding for Alliance of Port Orange Homeowner’s Association
Councilman Ford asked that item #10 be pulled for further discussion.
Motion to approve Consent Agenda items 9, 11, and 12 was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
Item #10 – Councilman Ford asked for more information relating to the lakes project. He would like an analysis as to why it will work this time when it didn’t last time. Mr. Kisela said he will provide same.
Motion to approve Item #10 was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
13. First Reading – Ordinance No. 2013-5 – LDC Text Amendments/Chapters 2, 12, 17, and 18 (Ridgewood Corridor Plan Implementation), Case No. 13-25000001 (Continued on March 19, 2013)
Mayor Green read Ordinance No. 2013-5.
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO IMPLEMENT THE RIDGEWOOD CORRIDOR PLAN SET FORTH IN RESOLUTION 13-2; AMENDING CHAPTER 2 DEFINITIONS TO ADD HOTEL AND MOTEL; AMENDING CHAPTER 12 RELATING TO PARKING DESIGN STANDARDS; AMENDING CHAPTER 17 RELATING TO PERMITTED USES AND LANDSCAPE REQUIREMENTS WITHIN THE RIDGEWOOD DEVELOPMENT (RD) DISTRICT; AMENDING CHAPTER 18 RELATING TO SPECIAL REQUIREMENTS FOR SPECIAL EXCEPTION USE OF MULTIFAMILY DWELLINGS IN THE RD DISTRICT, AND SPECIAL DEVELOPMENT REQUIREMENTS FOR ASSISTED LIVING FACILITIES WITHIN THE RD ZONING DISTRICTS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Ordinance No. 2013-5 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Penny Cruz, Principal Planner, provided information regarding the Ordinance.
Councilman Kennedy asked about apartments or condos above businesses. Ms. Cruz explained it is already in the Code; this change clarifies and puts fewer restrictions on that type of use.
Vice Mayor Burnette asked what happens when a hotel/motel if their licenses lapse. Ms. Cruz explained that if the hotel/motel is vacant for more than six months, the non-conforming variance is withdrawn. DBPR has preempted the City’s authority relating to licenses for hotels/motels. The City is limited to code violations.
Councilman Ford provided comments. He is opposed to changing parking lots to gravel or anything other than asphalt. He would prefer financial assistance to help businesses in the area pave their parking lots. He also believes that the definition of hotels and bed and breakfasts needs to be better. Wayne Clark, Community Development Director, explained that the gravel parking was to help lower the cost of entry into the area based on the Eagle’s experience. If Council is not comfortable with that change, it can be deleted or changed further.
Mayor Green doesn’t agree with the gravel parking lots either. He thinks there needs to be a time limit if it is included.
Mr. Clark asked Council to consider leaving in the curbing requirements in the Code for Fleming south.
Councilman Kennedy asked about the length of stays. Ms. Cruz explained that the State Law preempts the City. Vice Mayor Burnette suggested removing the bed and breakfast portion completely until the area is stabilized.
Mayor Green asked all to provide their input to Staff. All agreed. Ms. Cruz advised that the changes can be made easily and requested that the item be continued to a time certain.
Motion to Adopt Ordinance No. 2013-5 was withdrawn by Vice Mayor Burnette. Second was also withdrawn by Councilman Kennedy.
Motion to continue First Reading of Ordinance No. 2013-5 to April 23, 2013 to allow for changes as discussed was made by Vice Mayor Burnette, and Seconded by Councilman Ford.
Mr. Noftall asked when property owners and citizens get to provide input on these types of changes. Vice Mayor Burnette asked how many neighborhood meetings were held on this issue. Mayor Green said the Ridgewood Corridor Plan has been discussed on numerous occasions but he agrees there are several issues with several codes that need to be looked at and revised.
Motion carried unanimously by roll call vote.
14. Resolution No. 13-21 – Approving Support to Re-apportion Membership & Amend the Boundary of the Volusia TPO
Mayor Green read Resolution No. 13-21.
RESOLUTION NO. 13-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; SUPPORTING THE PLANNING AREA BOUNDARY ADJUSTMENT AND MEMBERSHIP REAPPORTIONMENT PLAN TO EXPAND THE METROPOLITAN PLANNING AREA BOUNDARY AND TO REAPPORTION THE VOTING MEMBERSHIP OF THE VOLUSIA TRANSPORTATION PLANNING ORGANIZATION; PROVIDING FOR TRANSMITTAL OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 13-21 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Councilman Ford advised that this Resolution supports the re-apportionment of the membership and amendment of the boundary of the Volusia TPO to include most of Palm Coast.
Motion carried unanimously by roll call vote.
15. Resolution No. 13-22 - Volusia County & Municipality Floodplain Management Plan
Mayor Green read Resolution No. 13-22.
RESOLUTION NO. 13-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; SUPPORTING THE PLANNING PROCESS FOR THE DEVELOPMENT OF THE REVISED VOLUSIA COUNTY AND MUNICIPALITY FLOODPLAIN MANAGEMENT PLAN; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 13-22 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Michael Anderson, Civil Engineer, provided details of the Resolution. This Resolution does not change any rates for flood insurance.
Councilman Ford asked what roll the Council has in the planning. Mr. Kisela advised that they will have an opportunity for input this summer. Mr. Anderson said Council will see drainage projects coming up to improve the Community Rating.
Mr. Clark advised that FEMA is making a lot of changes to the flood zones. Staff has no control over the Federal Flood Maps, but the maps are posted outside of Community Development for the public’s review.
Motion carried unanimously by roll call vote.
CITY ATTORNEY (Margaret Roberts)
16. City Attorney’s Report
Margaret Roberts, City Attorney, advised that Brighthouse Networks has filed a Petition with FCC for Special Relief for Determination of Effective Competition in 6 Florida Area Franchise Areas. This allows them to make rate changes with less FCC regulations. No direction needed from Council.
Ms. Roberts asked for a vote of acceptance of Coraci Blvd. right-of-way.
Motion to accept the Coraci Blvd. Right-of-Way was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Councilman Kennedy asked if anything is expected to be built. Ms. Roberts said nothing immediate that she is aware of but there have been some development plans in the past.
Mr. Noftall asked if this was noticed. Mayor Green said it was not on the agenda. Ms. Roberts said she can bring it back.
Motion withdrawn by Vice Mayor Burnette, Second withdrawn by Councilman Kennedy.
ADMINISTRATION (Greg Kisela)
17. Resolution No. 13-20 – Amending Resolution No. 13-7 ICMA-RC City Manager 401(a) Retirement Plan
Ms. Roberts advised Council of the changes to the previous Resolution adopted by Council.
Mayor Green read Resolution No. 13-20.
RESOLUTION NO. 13-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING RESOLUTION NO. 13-7 AND ESTABLISHING A MONEY PURCHASE RETIREMENT PLAN FOR THE CITY MANAGER; AUTHORIZING THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION ADMINISTRATIVE SERVICES AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS FOR THIS PURPOSE; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 13-20 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
18. City Manager’s Report
Mr. Kisela provided an update on his trip to Tallahassee relating to the Cambridge Basin project. This is 1 of 169 projects competing for approximately $24 million.
County Council has granted an extension until June 6 relating to the CRA issues.
19. Comments/Concerns from Council Members
Councilman Ford would like to look at the Code Enforcement structure and processes. He would like a workshop to discuss the process.
Vice Mayor Burnette believes the problems the City has had is budget cuts, as well as growing pains. He reminded the HOA’s of the Alliance and their website. They need more HOA’s to join. He believes Council and Staff need to watch Senate Bill 1716. He asked what the status is on street sweeping changes. Mary Anderson advised that they are planning to bring it back at the last meeting in April.
Councilman Bastian asked about the late fee on the Business Tax License. He believes the $250 late fee is excessive. Mr. Clark explained the process for Business Tax renewals. It is due October 1 of each year. They receive numerous reminders.
Councilman Kennedy asked the auditors where the City needs additional help. He agrees with Councilman Ford that this is an area that Council needs to address through this budget cycle. Councilman Kennedy said there is consistently a backup at the Yorktowne light turning left onto Dunlawton.
ADJOURNMENT: 8:52 p.m.
Mayor Allen Green
Robin Fenwick, City Clerk